SEC Charges Eleven in Stock Manipulation Ring

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Pacer update 07 Oct 10 USA v. Korem et al CRIMINAL DOCKET FOR CASE #: 1:10-cr-20732-UU All Defendants

U.S. District Court
Southern District of Florida (Miami)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-20732-UU All Defendants

Case title: USA v. Korem et al
Magistrate judge case number: 1:10-mj-03237-PAW

Date Filed: 09/30/2010

Assigned to: Judge Ursula Ungaro
Referred to: Magistrate Judge Andrea M. Simonton

Defendant (1)
Tzemach David Netzer Korem
agent of
David Korman
also known as
Mark Pedley
also known as
Mark Logan Wellington
also known as
David Netzer Korem Tzemach
also known as
David Korem
also known as
Mark Wellington
also known as
Jack Williams

Pending Counts
18:371.F; CONSPIRACY TO COMMIT SECURITIES FRAUD
(1)
15:78J.F; SECURITIES FRAUD
(2-3)
18:1343.F; WIRE FRAUD
(4-5)

Highest Offense Level (Opening)
Felony

Complaints
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES, 15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES,

Assigned to: Judge Ursula Ungaro
Referred to: Magistrate Judge Andrea M. Simonton

Defendant (2)
Jean R. Charbit
63871-054
English
also known as
Richard Charbit

represented by Benedict P. Kuehne
Law Office of Benedict P. Kuehne, P.A.
Bank of America Tower
100 SE 2nd Street, Suite 3550
Miami, FL 33131-2154
305-789-5989
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Daniel Kratka
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jonathan Scott Meltz
(See above for address)
ATTORNEY TO BE NOTICED

Lawrence Wilens
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Ryan Dwight O'Quinn
(See above for address)
ATTORNEY TO BE NOTICED

Susan Dmitrovsky
Law Office of Benedict P. Kuehne, P.A.
Bank of America Tower
100 SE 2nd Street
Suite 3550
Miami, FL 33131-2154
305-789-5989
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Pending Counts
18:371.F; CONSPIRACY TO COMMIT SECURITIES FRAUD
(1)
15:78J.F; SECURITIES FRAUD
(2-3)
18:1343.F; WIRE FRAUD
(4-5)

Complaints
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES, 15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES,

Plaintiff
USA
represented by Daniel Kratka
Wilens & Baker, P.C.
450 Seventh Avenue
12th Floor
New York, NY 10123
212-695-0060
Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jonathan Scott Meltz
Jonathan S. Meltz
1900 SW 3 Avenue
Miami, FL 33129
305-757-9677
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Lawrence Wilens
Wilens & Baker, P.C.
450 Seventh Avenue
12th Floor
New York, NY 10123
212-695-0060
Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Ryan Dwight O'Quinn
United States Attorney's Office
99 NE 4 Street, 4th Floor
Miami, FL 33132
305-961-9145
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED


Date Filed # Docket Text

10/07/2010 38 NOTICE OF ATTORNEY APPEARANCE: Susan Dmitrovsky appearing for Jean R. Charbit for Proceedings in District Court Only (Dmitrovsky, Susan) (Entered: 10/07/2010)

10/07/2010 37 Minute Entry for proceedings held before Magistrate Judge Ted E. Bandstra: Status Conference re report re counsel and arraignment as to Jean R. Charbit held on 10/7/2010. Matter reset to the afternoon calendar. ( Arraignment reset for 10/7/2010 01:30 PM in Miami Division before Duty Magistrate. Report Re: Counsel Hearing reset for 10/7/2010 01:30 PM in Miami Division before Duty Magistrate.). (Digital 10:20:41.) (Tape #10E-37.) (gm1) (Entered: 10/07/2010)

10/07/2010 36 NOTICE OF ATTORNEY APPEARANCE: Benedict P. Kuehne appearing for Jean R. Charbit for Proceedings in District Court Only (Kuehne, Benedict) (Entered: 10/07/2010)

10/07/2010 35 PLEA AGREEMENT/FACTUAL PROFFER STATEMENT as to Jean R. Charbit (O'Quinn, Ryan) (Entered: 10/07/2010)

10/05/2010 34 JOINT MOTION TO EXTEND FILING DEADLINE by USA, Jean R. Charbit as to Jean R. Charbit. (cg1) (Entered: 10/06/2010)

10/05/2010 33 ORDER granting 26 Lawrence Wilens' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Jean R. Charbit (2). Signed by Magistrate Judge Ted E. Bandstra on 10/5/2010. (cg1) (Entered: 10/06/2010)

10/05/2010 32 ORDER granting 27 Daniel Kratka's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Jean R. Charbit (2). Signed by Magistrate Judge Ted E. Bandstra on 10/5/2010. (cg1) (Entered: 10/06/2010)

10/04/2010 31 $4,000,000.00 PSB Bond Entered as to Jean R. Charbit, Approved by Judge Cecilia M. Altonaga. Special Conditions: a. Surrender all passports and travel documents to the Pretrial Services Office;b. Report to Pretrial Services as directed;k. None of the signatories may sell, pledge, mortgage, etc., any property they own, real or personal, until the bond is discharged;n. Home Confinement Program with electronic monitoring paid for by the defendant and a curfew from 11:59pm-5:00am;p. May travel to and from SD/FL only and must notify Pretrial Services of travel plans before leaving and upon return;q. Comply with additional conditions of bond: Shall not directly or indirectly engage in any transactions related to penny stocks or directly or indirectly receive any financial benefit from a transaction related to any penny stock and shall provide full financial disclosure to the U.S. Attorney's Office within 14 days of release from custody. (cg1) (Entered: 10/06/2010)

10/04/2010 30 $1,000,000.00 10% PSB Bond Entered as to Jean R. Charbit, Receipt Numbers FLS100007093, FLS100007094 and FLS100007095. Approved by Judge Cecilia M. Altonaga. Special Conditions: a. Surrender all passports and travel documents to the Pretrial Services Office;b. Report to Pretrial Services as directed;k. None of the signatories may sell, pledge, mortgage, etc., any property they own, real or personal, until the bond is discharged;n. Home Confinement Program with electronic monitoring paid for by the defendant and a curfew from 11:59pm to 5:00am;p. May travel to and from SD/FL only and must notify Pretrial Services of travel plans before leaving and upon return;q. Comply with additional conditions of bond: Shall not directly or indirectly engage in any transactions related to penny stocks or directly or indirectly receive any financial benefit from a transaction related to a penny stock and shall provide full financial disclosure to the U.S. Attorney's Office within 14 days of release from custody. (cg1) (Entered: 10/06/2010)

09/30/2010 29 INDICTMENT as to Tzemach David Netzer Korem (1) count(s) 1, 2-3, 4-5, Jean R. Charbit (2) count(s) 1, 2-3, 4-5. (aw) (Entered: 10/05/2010)

09/23/2010 28 Minute Entry for proceedings held before Magistrate Judge Robert L. Dube: Status Conference re report re counsel and prel/arraignment as to Jean R. Charbit held on 9/23/2010. Defendant waived preliminary hearing at an earlier date. ( Arraignment reset for 10/7/2010 10:00 AM in Miami Division before Duty Magistrate. Report Re: Counsel Hearing reset for 10/7/2010 10:00 AM in Miami Division before Duty Magistrate.). (Digital 10:32:34.) (Tape #10RLD-16.) (gm1) [1:10-mj-03237-PAW] (Entered: 09/23/2010)

09/22/2010 25 Arrest Warrant returned executed on 9/2/2010 as to Jean R. Charbit re 4 Arrest Warrant Issued (ls) [1:10-mj-03237-PAW] (Entered: 09/22/2010)

09/21/2010 24 Rule 5(c)(3)/ Rule 40 Documents received from Southern District of New York as to Jean R. Charbit (gm1) [1:10-mj-03237-PAW] (Entered: 09/22/2010)

09/21/2010 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel Kratka. Filing Fee $75.00. Receipt # 7043. Responses due by 10/8/2010 (ksa) [1:10-mj-03237-PAW] (Entered: 09/22/2010)

09/21/2010 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lawrence Wilens. Filing Fee $75.00. Receipt # 7044. Responses due by 10/8/2010 (ksa) [1:10-mj-03237-PAW] (Entered: 09/22/2010)

09/20/2010 23 ORDER denying as moot 9 Appeal of Magistrate Judge's Bond Determination as to Jean R. Charbit (1). Signed by Judge Cecilia M. Altonaga on 9/20/2010. (ps1) [1:10-mj-03237-PAW] (Entered: 09/20/2010)

09/20/2010 22 ORDER granting 21 Joint Motion for Amendment of Conditions of Release as to Jean R. Charbit (1). Signed by Judge Cecilia M. Altonaga on 9/20/2010. (ps1) [1:10-mj-03237-PAW] (Entered: 09/20/2010)

09/17/2010 21 Amended MOTION to Amend/Correct 9 MOTION filed by USA and Joint Motion for Amendment of Conditions of Release by USA as to Jean R. Charbit. Responses due by 10/4/2010 (O'Quinn, Ryan) [1:10-mj-03237-PAW] (Entered: 09/17/2010)

09/16/2010 20 WAIVER of Preliminary Hearing by Jean R. Charbit (sl) [1:10-mj-03237-PAW] (Entered: 09/17/2010)

09/16/2010 19 Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Report Re: Counsel Hearing as to Jean R. Charbit held on 9/16/2010, Status Conference as to Jean R. Charbit held on 9/16/2010, ( Arraignment reset for 9/23/2010 10:00 AM in Miami Division before Duty Magistrate., Report Re: Counsel Hearing set for 9/23/2010 10:00 AM in Miami Division before Duty Magistrate.). ; defendant signed waiver of preliminary/arraignment; (Digital 13:46:54.) (Tape #10-JG-8.) (sl) [1:10-mj-03237-PAW] (Entered: 09/17/2010)

09/16/2010 18 *ORDER Permitting Jean R. Charbit's Counsel to Bring Cell Phones and Computers Inside the Courtroom. Signed by Magistrate Judge Jonathan Goodman on 9/16/2010. (dkc) [1:10-mj-03237-PAW] (Entered: 09/16/2010)

09/15/2010 Set/Reset Deadlines/Hearings as to Jean R. Charbit: Arraignment set for 9/16/2010 01:30 PM in Miami Division before Duty Magistrate. Preliminary Examination set for 9/16/2010 01:30 PM in Miami Division before Duty Magistrate. Report Re: Counsel Hearing set for 9/16/2010 01:30 PM in Miami Division before Duty Magistrate. (aw) [1:10-mj-03237-PAW] (Entered: 09/15/2010)

09/15/2010 16 Order on Initial Appearance as to Jean R. Charbit for proceeding held on 9/15/2010 as to Jean R. Charbit (1) No Bond set - Bond from N.Y. on Appeal with Duty Judge Altonaga. Tape #10-H-75 (Digital 13:58:22.) Arraignment set for 9/16/2010 1:30 PM in Miami Division before Duty Magistrate. Preliminary Examination set for 9/16/2010 1:30 PM in Miami Division before Duty Magistrate. Report Re: Counsel Hearing set for 9/16/2010 1:30 PM in Miami Division before Duty Magistrate. Signed by Magistrate Judge Chris M. McAliley on 9/15/2010. (aw) Modified on 9/15/2010 (aw). [1:10-mj-03237-PAW] (Entered: 09/15/2010)

09/15/2010 15 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Initial Appearance as to Jean R. Charbit held on 9/15/2010. (Digital 13:58:22.) (Tape #10-H-75.) (aw) [1:10-mj-03237-PAW] (Entered: 09/15/2010)

09/15/2010 17 MOTION to Revoke Bond Order Entered In Northern District of California by USA as to Tzemach David Netzer Korem. Responses due by 10/4/2010 (Attachments: # 1 Exhibit Newsday Article, # 2 Exhibit St Petersburg Times Article, # 3 Exhibit Asia Times Online Article)(O'Quinn, Ryan) [1:10-mj-03237-PAW] (Entered: 09/15/2010)

09/14/2010 14 ORDER granting 13 Motion to Stay Release Order Pending Disposition of Government's Appeal as to Tzemach David Netzer Korem (2). Signed by Judge Cecilia M. Altonaga on 9/14/2010. (ps1) Modified on 9/15/2010 (ps1) to correct typographical error.[1:10-mj-03237-PAW] (Entered: 09/14/2010)

09/14/2010 13 MOTION to Stay Defendant Korem's Bond Pending Appeal by USA as to Tzemach David Netzer Korem. Responses due by 10/1/2010 (O'Quinn, Ryan) [1:10-mj-03237-PAW] (Entered: 09/14/2010)

09/07/2010 11 ORDER granting 10 Motion as to Jean R. Charbit (1) Signed by Judge Cecilia M. Altonaga on 9/7/2010. (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)

09/07/2010 10 Second MOTION to Revoke bond (Duty District Judge) by USA as to Jean R. Charbit. Responses due by 9/24/2010 (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)

09/03/2010 9 MOTION to Revoke Magistrate Court's Bond Determination (Duty District Judge Altonaga)by USA as to Jean R. Charbit. Responses due by 9/20/2010 (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)
09/03/2010 8 Notice of Arrest of First Defendant and Motion for Unsealing Order by USA as to Jean R. Charbit. (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)

09/03/2010 7 ORDER Granting DE # 6 Government's Emergency Motion for Stay of Release Order as to Jean R. Charbit (1)Signed by Judge Cecilia M. Altonaga on 9/3/2010. (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)

09/03/2010 6 Government's Emergency Motion for Stay of Release Order Pending Disposition of the Government's Appeal by USA as to Jean R. Charbit. Responses due by 9/20/2010 (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)

09/03/2010 12 Order to Unseal Case as to Jean R. Charbit, Tzemach David Netzer Korem., Case unsealed as to Jean R. Charbit, Tzemach David Netzer Korem (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)

09/02/2010 Arrest of Jean R. Charbit (ls) [1:10-mj-03237-PAW] (Entered: 09/22/2010)

08/31/2010 3 COMPLAINT as to Jean R. Charbit (1), Tzemach David Netzer Korem (2). (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)

08/31/2010 2 ORDER granting 1 Motion to Seal as to Jean R. Charbit (1), Tzemach David Netzer Korem (2) Signed by Magistrate Judge Patrick A. White on 8/31/2010. (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)

08/31/2010 1 MOTION Motion to Seal by USA as to Jean R. Charbit, Tzemach David Netzer Korem. Responses due by 9/17/2010 (mso) [1:10-mj-03237-PAW] (Entered: 09/08/2010)


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